STATE TIMES NEWS
JAMMU: Chief Judicial Magistrate Jammu Amarjeet Singh Langeh on Monday, in a significant judgment, held that criminal proceedings should not be permitted to become a weapon of harassment for imminent settlement of a dispute. This significant order was passed in an application filed by one Goutam Singh seeking invocation of Section 156(3) of CrPC in order to get an FIR registered against non-applicant by SHO Police Station Kana Chak – Jammu under relevant provisions of Penal Code for passing life threats to him. Allegations which are alluded to non-applicant as tailored in application are that applicant sold a vehicle bearing registration No. JK02AQ-7911 to non-applicant against consideration of Rs. 12,50,000 (rupees twelve lakh fifty thousand only) in connection with which non-applicant allegedly issued 17 cheques to him (applicant) which, according to applicant, were dishonoured by the bank. Applicant further asserted that he requested non-applicant many times to pay the whole amount as aforesaid but he refused to pay the same and instead is giving life-threats to him. Thereafter, applicant goes on narrating that he approached concerned Police Station for registration of FIR but of no avail. Similarly, according to applicant even SSP Jammu did not come to his rescue when approached. Chief Judicial Magistrate Jammu Amarjeet Singh Langeh after going through the application observed that grievance projected by applicant, indeed – is pre-dominantly rooted in issuance of 17 cheques allegedly by non-applicant to applicant in connection with sale transaction of vehicle and those cheques subsequently, as per applicant, getting bounced/ dishonoured when presented in the bank concerned. In face of this admitted position, by all accounts, remedy available to him (applicant) is under relevant provision of Negotiable Instruments Act and by filing instant application, applicant only displays a penchant desire to apply pressure on non-applicant through criminal prosecution for an imminent settlement of his grievance, a course which is not permissible in law. Vague and bald allegations of passing of threats on facts are simply a camouflage by applicant to give criminal colour and complexion to the application and allegations therein. Criminal proceedings should not be permitted to become weapon of harassment for imminent settlement of a dispute, the Court observed. While dismissing application, the Court observed that instant application does not disclose commission of any cognizable offence by non-applicant and same has been filed just to abuse process of law by giving colour and complexion of criminal case to a dispute which squarely falls within ambit of Negotiable Instruments Act.